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(c) 2010-2024 Jon L Gelman, All Rights Reserved.

Tuesday, January 29, 2013

Siemens Recalls Temperature and Humidity Sensors for Schools, Hospitals and Other Buildings Due to Fire Hazard

Siemens Sensor - Biege Display Screen
Consumers should stop using this product unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.

This recall involves wall-mounted Q-series sensors that control heat, air conditioning and humidity inside commercial buildings, hospitals and schools. 

The sensors come in three designs: a blank cover, a cover with a digital display screen or a cover with a digital display screen and door.

Monday, January 28, 2013

Social Security Disability: Get the evidence you need

Today's post comes from Roger Moore of the Nebraska Bar.

Social Security Disability applicants sometimes have trouble getting the evidence needed to demonstrate that they have a disability.

  PROBLEM 1: You haven't had regular medical care because you don't have health insurance. Without regular medical care, it's difficult to develop a relationship with a doctor that is strong enough that the doctor can complete a report on your health. Even if your disability is very real, proving it in Court can still be a hard thing to do. However, without medical insurance, most doctors won't see a patient.

 SOLUTION: In Nebraska there are some free clinics where you can be seen by a doctor even if you cannot afford to pay. To find a free clinic near you, contact your local health department. Anyone planning on applying for Social Security Disability should try to develop a relationship with a doctor by seeking regular medical care as often as possible.

PROBLEM 2: Many applicants don't have the right kinds of conversations with their doctors about their disabilities. Doctors are mainly concerned with your symptoms and how they can help you get well. They aren't necessarily focused on the kinds of things they'll need to know to help you with your Social Security Disability claim. To fill out a report for your claim, they'll need to know exactly how much you can and cannot do.

Saturday, January 26, 2013

The Vanishing Concept of a Job

While reviewing some historical cases today, I realized that what is missing from the workplace is the concept of "a job." America's economy has dramatically changed, and so have jobs that were once available in the workforce.

Even clearer is the fact that the concept of a job has disappeared. The idea of getting up in the morning and going regularly to a job has even vanished. The evolution changed slowly with the younger generation claiming that a job cycle transformed from a lifetime position to one lasting two years. Then the next stage in the evolution occurred, where the employee became a transient worker, and daily the job changed, No stable employer really exists.

This evolution has eroded the underlining framework of a functional workers' compensation program and the delivery of benefits. The injured worker becomes lost to the system, and a safe and secure workplace has become an illusion. Lost in the complexity is the adequate reporting of accidents and occupational disease, and the ability to accurately follow the evolution of latent diseases and medical conditions.
"A new trend in the U.S. labor market is reshaping how management and workers think  about employment, while at the same time reshaping the field of occupational safety  and health. More and more workers are being employed through “contingent work”  relationships. Day laborers hired on a street corner for construction or farming work,  warehouse laborers hired through staffing agencies, and hotel housekeepers supplied by  temp firms are common examples, because their employment is contingent upon shortterm fluctuations in demand for workers. Their shared experience is one of little job  security, low wages, minimal opportunities for advancement, and, all too often, hazardous working conditions. When hazards lead to work-related injuries, the contingent nature of the employment relationship can exacerbate the negative consequences for the injured worker and society. The worker might quickly find herself out of a job and, depending on the severity of the injury, the prospects of new employment might be slim. Employerbased health insurance is a rarity for contingent workers, so the costs of treating injuries are  typically shifted to the worker or the public at large. Because employers who hire workers on  a contingent basis do not directly pay for workers’ compensation and health insurance, they are likely to be insulated from premium adjustments based on the cost of workers’ injuries. As a result, employers of contingent labor may escape the financial incentives that are a main driver of business decisions to eliminate hazards for other workers."
Click here to read "At the Company’s Mercy: Protecting Contingent Workers from Unsafe Working Conditions"

Thursday, January 24, 2013

Temporary Employees Cannot Be Excluded From Workers’ Compensation

Today's post comes from Paul J. McAndrew, Jr. of the Iowa bar. Paul 's expertise in workers' compensation issues is nationally known and he has bee an zealous advocate for workers' rights.

According to a recent decision by the Texas Supreme Court, a temporary employee cannot be excluded from an employers’ workers’ compensation policy. In 2005, Rafael Casados was killed on his third day at work at a grain storage facility owned by Port Elevator-Brownsville L.L.C.

Because Casados was a temporary employee of Port Elevator at the time of his death, he was initially awarded a liability ruling of $2.7 million directly from Port Elevator.

However, according to the latest Supreme Court ruling, Casados’s family should receive remedy under Port Elevator’s workers’ compensation policy instead. Port Elevator’s insurance provider is liable for Casados’s death benefits, despite the fact that Port Elevator never paid workers’ compensation insurance for any of their temporary employees.

According to the decision: “If Port Elevator’s policy had set out certain premiums solely for temporary workers and Port Elevator had not paid those premiums, Casados would still have been covered under the policy and the failure to pay premiums would be an issue between Port Elevator (their insurance provider).”    

 Photo Credit:sixninepixels / FreeDigitalPhotos.net

Tuesday, January 22, 2013

US Supreme Court Upholds Equitable Tolling In Reimbursement Matter

US Supreme Court Upholds Equitable Tolling In Reimbursement Matter
Sebelius v. Auburn Regional Medical Center, Decided Jan. 22, 2013

"But this Court has explained that giving intermediaries more time to discover overpayments than providers have to discover underpayments may be justified by the “administrative realities” of the system: a few dozen  fiscal intermediaries are charged with issuing tens of thousands of NPRs, while each provider can concentrate on a single NPR, its own.  Your Home Visiting Nurse Services, Inc. v. Shalala, 525 U. S. 449, 455, 456.  Pp. 11–14. "
See full analysis on Scotus Blog.

Read more about equitable tolling:

Nov 13, 2012
ERISA health reimbursement claims asserted in Workers' Compensation claims may be subject to equitable relief depending on the upcoming decision in a case pending before the US Supreme Court. Oral argument is ...
Nov 22, 2011
The Doctrine of Equitable Allocation Not Applicable in a Medicare Secondary Payment Reimbursement Claim. The 6th Circuit Court of Appeals has ruled that The Center for Medicare and Medicaid Services (CMS) is entitle to ...
Nov 29, 2012
The US Court of Appeals for the Third Circuit, in defiance of several other circuits held [opinion] that "appropriate equitable relief" did not include revoking the payment to McCutchen. Interestingly enough at oral argument ...
Dec 05, 2011
US Supreme Court Maybe Asked to Rule on CMS Issue: "The Doctrine of Equitable Allocation". The 6th ... The Doctrine of Equitable Allocation Not Applicable in a Medicare Secondary Payment Reimbursement Claim A recent ...

Monday, January 21, 2013

Boston Globe: Teen Work Related Injuries a “Major Problem”

Today's post comes from Deborah Kohl from Deborah G. Kohl Law Offices of Massachusetts. 

A recent article published in the Boston Globe cites injuries to teenagers are, “A major problem,” according to the Massachusetts Department of Public Health. The article can be found here. The article further goes on to state that rules are often “flouted” for minors. The majority of injuries to teenagers take place in retail jobs or those in the the food preparation and service industry.

The article reports that the injuries are often serious ones such as cuts from deli/meat slicers and back/neck pain as a result heavy lifting in service and landscaping jobs. The article also reported, “One local teen, who asked not to be identified fearing retaliation from his boss, described going onto a highway to retrieve supermarket carts.” Everyone, regardless of age, has the right to expect nothing less than a safe working environment.

If you are injured at work, do not hesitate to immediately report the injury to your employer. If you feel that your rights have been violated with respect to an injury you sustained on the job, please contact us to discuss your situation.

Read more abut child labor.

Dec 14, 2012
The U.S. Department of Labor's Bureau of International Labor Affairs today introduced Reducing Child Labor and Forced Labor: A Toolkit for Responsible Businesses, the first guide developed by the U.S. government to help ...
Sep 14, 2012
The US Library of Congress has just posted digital images o child labor that are in it s collection. Workers' Compensation benefits are but one instance that enforce penalties when child labor laws are not followed.
Jan 03, 2013
Other reforms included workplace safety regulations, child labor laws, and enhanced fire inspections, among others. There is a growing effort by worker groups to demand safety reforms in Bangladesh where factory fires have ...
Nov 22, 2011
He has announced that he will offer radical proposals including the elimination of child labor laws. For decades child labor laws and penalties have been integrated into state workers' compensation acts acting as a safety ...

UN Announces Treaty to Restrict Use of Mercury

Over 140 governments meeting at a United Nations forum in Geneva have agreed to a global, legally-binding treaty to address mercury, a notorious heavy metal with significant health and environmental effects.

The Minamata Convention on Mercury – named after a city in Japan where serious health damage occurred as a result of mercury pollution in the mid-20th Century – provides controls and reductions across a range of products, processes and industries where mercury is used, released or emitted.

These range from medical equipment such as thermometers and energy-saving light bulbs to the mining, cement and coal-fired power sectors, according to a news release issued today by the UN Environment Programme (UNEP), which convened the negotiations.

“After complex and often all-night sessions here in Geneva, nations have today laid the foundations for a global response to a pollutant whose notoriety has been recognized for well over a century,” said UNEP Executive Director Achim Steiner.

“Everyone in the world stands to benefit from the decisions taken this week in Geneva, in particular the workers and families of small-scale gold miners, the peoples of the Arctic and this generation of mothers and babies and the generations to come. I look forward to swift ratification of the Minamata Convention so that it comes into force as soon as possible,” he added.

The treaty, which has been four years in negotiation and which will be open for signature at a special meeting in Japan in October, also addresses the direct mining of mercury, export and import of the metal and safe storage of waste mercury.

Pinpointing populations at risk, boosting medical care and better training of health care professionals in identifying and treating mercury-related effects will also form part of the new agreement.

UNEP noted that mercury and its various compounds have a range of serious health impacts, including brain and neurological damage especially among the young. Others include kidney damage and damage to the digestive system. Victims can suffer memory loss and language impairment alongside many other well documented problems.

Among the provisions of the treaty, governments have agreed on a range of mercury-containing products whose production, export and import will be banned by 2020. These include batteries, except for 'button cell' batteries used in implantable medical devices; switches and relays; certain types of compact fluorescent lamps (CFLs); mercury in cold cathode fluorescent lamps and external electrode fluorescent lamps; and soaps and cosmetics.

Certain kinds of non-electronic medical devices such as thermometers and blood pressure devices are also included for phase-out by 2020.

Governments also approved exceptions for some large measuring devices where currently there are no mercury-free alternatives. In addition, vaccines where mercury is used as a preservative have been excluded from the treaty as have products used in religious or traditional activities.

Read more about toxicity of mercury:
Dec 20, 2012
The US EPA has announce that mercury, a hazardous substance, that was dischardged by EI DuPont in the Pompton River in NJ will be removed. For decades it has been known that mercury exposure causes illness and ...
Nov 26, 2012
Irving J. Selikoff Center for Occupational & Environmental Medicine at Mount Sinai School of Medicine has released a guide to treatment for elemental mercury ((the pure form of the metal, when it is not combined with other ...
Mar 05, 2010
For example, nearly 70 years ago, on December 1, 1941, the U.S. Public Health Service ended mercury's use by hat manufacturers in 26 states through mutual agreements. The kinds of conditions that put hat-makers and ...
May 09, 2012
The U.S. Environmental Protection Agency will discuss plans to address high levels of contaminants, including PCBs, mercury and dioxin, which are present in Passaic River mud adjacent to Riverside Park in Lyndhurst, New ...